Public International Law MCQ Quiz in বাংলা - Objective Question with Answer for Public International Law - বিনামূল্যে ডাউনলোড করুন [PDF]

The correct answer is Option 3.

Key Points

• The term "asylum" is derived from the Greek word "Asylon," meaning "immunity against capture."
• Historically, asylum refers to protection granted to individuals who are fleeing their country of origin due to persecution, war, or a legitimate fear of harm.
• The concept of asylum has evolved to include legal protection for those seeking refuge in a foreign country, especially in situations involving human rights violations.

The correct answer is Option 2.

Key Points Judicial settlement involves an international court, while arbitration involves chosen arbitrators.

•  Judicial settlement refers to the resolution of disputes by an international court, such as the International Court of Justice, whereas arbitration is conducted by arbitrators chosen by the disputing parties.

The correct answer is Option 2.

Key Points

•  According to Article 2(7) of the Charter, the UN may not intervene in matters basically within any state's internal jurisdiction (unless Chapter VII enforcement measures are used). This provision sparked numerous disputes in the United Nations, and it was eventually agreed that colonial issues did not fit under the scope of Article 2(7). 
• Article 2(7) of the UN Charter states that the UN may not intervene in matters within a state's domestic jurisdiction, except when Chapter VII enforcement measures (related to threats to peace, breaches of peace, and acts of aggression) are applied.

The correct answer is Option 2.

Key Points Customary international law and treaties

•  The Nicaragua v USA case illustrated how treaties can codify customary international law. When a treaty falls away, customary law can continue to bind states.

• The comparison of treaty and customary law is significant since they are the two fundamental sources of international law. The Nicaragua case, discussed briefly above, confirmed the complimentary link between treaty and international custom. It also demonstrates how a treaty can codify international custom while simultaneously reverting to international custom if states exit the treaty.

• They are interrelated, but there may be conflict if the interrelated parts have different obligations; the ICJ may decide the issue based on the stronger obligation.

• In the Nicaragua case, customary law will continue to be binding because it has been codified by treaty. The treaty will bind the parties, whereas custom will bind the non-parties. If a treaty falls away, customary law will take over; however, if there is a conflict, if the treaty is later than custom, it will prevail; this is based on a common principle of law, and more specifically, that the treaty is a deliberate 'act of law creation'; where custom is later than the treaty, the treaty will still prevail on the parties.

   

The correct answer is Option 2.

Key PointsJudicial decisions

• Formal sources of international law under Article 38(1) include conventions (treaties), customs, and general principles of law.
• Judicial decisions are considered subsidiary sources, not formal ones.
• Article 38(1) of the ICJ statutes gives a reflection of the sources of international law, however it is not entirely accurate, and Article 38 does not directly mention sources, but it is commonly invoked as such.
• Article 38(1)(a-c), that is, conventions or treaties, custom, and general principles, are formal sources, whereas Article 38(1)(d), that is, judicial decisions and juristic teachings, are "material sources."
• Formal sources provide regulations a 'obligatory character', whilst material sources include the 'real content of the rules'.

The correct answer is Option 2.

Key Points Agreements between states must be honored.

• Pacta sunt servanda is a foundational principle of international law, meaning "agreements must be kept."
• It refers to the obligation of states to honor treaties and agreements.
• In Maclaine Watson v Dept. of Trade and Industry, Lord Templeman stated that a 'treaty is a contract between the governments of two or more sovereign states'.
• A treaty is the result of negotiations between 'legal equals' and has contractual obligations between consenting parties.
• The phrase 'pacta sunt servanda' expresses the rule that requires treaties to be obeyed and made legally enforceable.

The correct answer is Option 2.

Key Points

• Previously, the word used was "Law of Nations" rather than International Law. Jeremy Bentham invented the term "international law" in 1780. 
• Oppenheim, Brierly, Torsten Gill, Hackworth, Fenwick, and Schwarzenberger have provided diverse definitions of international law; because international law has been defined in several ways, there can be no single generally acceptable definition.
• Jeremy Bentham, an English philosopher and legal theorist, first coined the term "international law" in 1780. Before this, "Law of Nations" was commonly used.

The correct answer is 3.

Key PointsAnalysis of Statements Regarding Asylum

• Article 14 of UDHR
  • Article 14 of the Universal Declaration of Human Rights (UDHR) indeed grants the right to seek asylum from persecution. Hence, statement A is correct.
• Transfer of Person Wanted by Arrest Warrant
  • Asylum typically refers to the protection granted to individuals fleeing persecution and does not involve the transfer of persons wanted by an arrest warrant to the prosecution country. This is related to extradition. Hence, statement B is incorrect.
• Granting of Asylum and Extradition
  • Granting asylum does not per se exclude any possibility of extradition. Each case is often considered on its individual merits. Hence, statement C is incorrect.
• Extradition and Asylum
  • Extradition and asylum are not mutually exclusive. While asylum is a form of protection, extradition involves the formal process of one state surrendering an individual to another state for prosecution or punishment. Hence, statement D is incorrect.

Additional Information

• Extradition
  • Extradition is a formal process where one state surrenders an individual to another state for prosecution or punishment for crimes committed in the requesting country.
  • It requires an existing treaty or agreement between the two countries.
• Asylum
  • Asylum is granted to individuals who have fled their home country due to fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
  • Asylum is a protective measure and can be granted by the state where the individual seeks refuge.

The correct answer is 'Community customary laws'

Key Points

• Sources of International Law as per Article 38 of the Statute of International Court of Justice:
  • Judicial decisions (subject to Art 59 of Statute of ICJ): These serve as subsidiary means for the determination of rules of law.
  • Writing of most highly qualified Publicists (subject to Art 59 of Statute of ICJ): These writings are also considered as subsidiary means for determining the rules of international law.
  • General principles of law recognised by civilised nations: These principles are used when there is no treaty or customary international law applicable to a case.

Additional Information

• Community customary laws:
  • Community customary laws are not recognized as a source of international law under Article 38 of the Statute of the International Court of Justice.
  • Customary international law, however, is a source of international law, which arises from consistent and general practice of states followed by them out of a sense of legal obligation.

The correct answer is 'Explicit recognition.'

Key Points

• Explicit recognition:
  • Explicit recognition refers to a clear and formal expression of acknowledgment by a state through official communication or diplomatic statement.
  • This type of recognition is formally declared and is often documented in official records or diplomatic correspondences.
  • It is a crucial aspect of international relations, ensuring that the recognizing state is clearly understood to have acknowledged another state's existence or actions.

Additional Information

• Implicit recognition:
  • Implicit recognition occurs when a state acknowledges another state or government indirectly or through its actions, without a formal declaration.
  • This type of recognition can be ambiguous and may lead to different interpretations regarding the state's intention.
• Collective recognition:
  • Collective recognition involves the acknowledgment of a state or government by a group of states or an international organization, rather than a single state.
  • This type of recognition is often seen in the context of international organizations such as the United Nations.
• Conditional recognition:
  • Conditional recognition is granted with certain stipulations or conditions that the recognized state or government must fulfill.
  • Failure to meet these conditions could result in the withdrawal of recognition.